FAQ – Employer Duties & Liability – Employment Immigration Laws /CMDocs/NebraskaCA/NC Immigration Employment Law Employer Duty_Liability.pdf
Can I employ people not authorized to work in the United States?
NO, public and private employers can only employ people authorized to work in the United States.
What federal employment verification requirements must I submit?
All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete and sign the Form I-9. On the I-9, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization.
What is an I-9 and where can I download a copy?
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. A copy of the form is available at http://jobs.irs.gov/sites/default/files/wysiwyg-uploads/files/IRSDownloads/I-9EmploymentEligibilityVerification.pdf and also at the end of this document.
Do citizens and noncitizen nationals of the United States need to complete Form I-9?
Yes. While citizens and noncitizen nationals of the United States are automatically eligible for employment, they too must present the required documents and complete a Form I-9. U. S. Citizens include persons born in the United States, Puerto Rico, Guam, the U.S. Virgin Island and the Commonwealth of the Northern Mariana Islands. U. S. noncitizen nationals are persons who owe permanent allegiance to the United States, which include those born in American Samoa, including Swains Island.
What documentation must an employee provide?
The employee must present his or her employer with acceptable documents evidencing identity and employment authorization. Please see the following page for a full list of federally acceptable documents.
How closely must I evaluate the documents presented by a potential employee?
Employers must in good faith evaluate the identity documents presented by a potential employee to determine if they reasonably appear on their face to be genuine. Compliance with the paperwork procedures establishes a good faith defense for employers.
What should I do it the document(s) appears to be fraudulent?
Employers cannot fail to investigate suspicious circumstances. Please see the following page entitled Examining Documents.
How long should I keep the I-9 on file?
Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
Am I required to complete Forms I-9 for employees who will work only one day?
Yes. Unless the individual engages in casual domestic employment, you must complete Form I-9 for each employee hired to work in the United States, even if your employee works only one day.
Do I have to update or complete a new Form I-9 when distributing back pay to a previous employee who no longer works for the company?
No. You should not update or complete a new Form I-9 if you are only distributing back pay to a previous employee.
Do I need to fill out Forms I-9 for independent contractors or their employees?
No. For example, if you contract with a commercial hay grinder, you do not have to complete Forms I-9 for that company’s employees. The commercial hay grinder is responsible for completing Forms I-9 for its own employees. However, you may not use a contract, subcontract or exchange to obtain the labor or services of an employee knowing that the employee is unauthorized to work.
List of Acceptable Documents:
An employer should ask for 1 document from Column A or 1 document from each column B& C to establish a person’s identity and employment authorization. All documents must be unexpired.
|If your employee||Then you should||Tips|
|Provides documentation that reasonably appears to be genuine, relates to the employee, and is on the Lists of Acceptable Documents||Accept the documentation.|
|Provides a document that does not reasonably appear to be genuine or relate to the employee or is not on the Lists of Acceptable Documents||Reject the document and ask your employee to provide other document(s) that satisfy Form I-9 requirements.||The standard is reasonableness. You are not expected to be a document expert.|
|Writes more than one last name in Section 1, but presents a document from the List of Acceptable Documents that has only one of those last names||Ask your employee the reason for the difference in the names. If the document reasonably appears to be genuine and to relate to the individual, you may accept the document.||Attach a memo to Form I-9 explaining the discrepancy.|
|Presents a document from the List of Acceptable Documents in which his or her name is spelled slightly differently than the name he or she wrote in Section 1||Ask your employee the reason for the difference in spelling. If it reasonably appears to be genuine and to relate to the individual, you may accept the document.||Ask your employee to use his or her full legal name in Section 1. Ask him or her to do one of the following: correct Form I-9 and initial the change; provide a different document with the correct spelling; provide you a corrected document.|
|Provides a document in which the name the employee wrote in Section 1 is completely or substantially different from the name on the document||Ask the employee the reason for the name change|
If your employee maintains that the name in Section 1 is his or her legal name and you are satisfied that the document reasonably appears to relate to the employee, you may accept the document.
|Attach a memo to the Form I-9 explaining the discrepancy.
If the employee voluntarily provides proof of a name change, you may keep a copy of it with the memo.
|Provides a document that does not reasonably appear to be genuine and/or to relate to the individual or if he or she cannot present other documents to satisfy the requirements of Form I-9||You may terminate employment.|
Establish Employment Authorization and Identity
Establish Identity Only
Establish Employment Authorization Only
|For Individuals 18 years of age or older|
For Persons under age 18 who are unable to present a document listed above
FAQ: New Farm Vehicle Designation (PDF Version available)
When the Moving Ahead for Progress in the 21st Century Act (MAP-21) became law in 2012, Congress gave states the option to exempt commercial motor vehicles operating as “covered farm vehicles” from certain federal regulations – most notably, from commercial driver’s license (CDL) requirements. Nebraska fully adopted the MAP-21 exemptions into state statute in 2014.
Previously, the Nebraska State Patrol and Department of Motor Vehicles only applied these exemptions to individuals driving a licensed covered farm vehicle. In other words, only vehicles with farm plates would qualify for the CDL exemption.
On May 20, 2016, Governor Pete Ricketts announced the state was extending the MAP-21 exemptions to agricultural vehicles, including feed trucks, manure spreaders and other unlicensed farm vehicles. These covered farm vehicles are now exempt from CDL and other requirements once the owner self-declares with the state.
Are you eligible?
- You are over 18 and hold a valid Class O drivers’ license
- You are the owner/operator, family member or employee on a farm or ranch for which you are operating the vehicle (NOT for-hire)
Does your vehicle qualify as a covered farm vehicle?
A covered farm vehicle includes any commercial motor vehicle that is:
- Operated by a farmer or rancher or an employee or family member;Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch;
- NOT used for-hire, i.e. commercial haulers are NOT eligible for the exemption;
- NOT transporting hazardous materials in placardable amounts; and
- Equipped with a special license place OR “other designation” by the state to allow for identification of the vehicle.
Nebraska officials have determined this “special designation” is a completed form that may be accessed online and printed free of charge. Drivers operating a covered farm vehicle must complete the form and carry it in the power unit of their vehicle at all times. The form may be accessed online at https://www.nebraska.gov/covered-farm-vehicle/index.cgi
Are there any distance restrictions?
- Less than 26,000 lbs. – NO distance restriction in Nebraska or any other state
- More than 26,000 lbs. – NO distance restriction in Nebraska
- More than 26,000 lbs. – If crossing state lines must be within 150 mile radius of farm/operation.
What happens if I get stopped?
Nebraska State Patrol’s Carrier Enforcement Division is in the process of issuing guidance on the new CDL exemptions for unlicensed farm vehicles. If you are stopped, simply show the trooper your printed Covered Farm Vehicle Designation Form kept in the power unit of your vehicle. Please note these vehicles are still subject to the federal parts and accessories rules.
What qualifies as agricultural commodities?
Nebraska State Patrol interprets agricultural commodities as items initially transported off the farm or ranch. Livestock, corn, beans, hay, alfalfa, manure, etc. making the initial move from the farm or ranch somewhere else are eligible for the exemption.
What qualifies as farm supplies?
Nebraska State Patrol interprets farm supplies as items coming back to the farm or ranch. Feed, diesel, etc. being transported to the operation from somewhere else qualify as farm supplies.
What if the vehicle I haul my agricultural commodities with is used partially “for-hire” or in commercial arrangements?
Vehicles for-hire do NOT qualify for the exemption! When the MAP-21 provisions were signed into law at the federal level and later adopted by all 50 states, they clearly stated a vehicle used in a for-hire operation (receiving compensation for hauling for others) is not a covered farm vehicle and thus the driver of such vehicle is required to maintain a CDL.
Does this provide me with any exemptions from weight requirements?
No, your vehicle and your cargo are still subject to all existing weight limitations. However, the Nebraska Legislature recently passed a bill to clarify what qualifies as an “implement of husbandry” under state law. Tractors, self-propelled implements, feed trucks, fertilizer spreaders and other self-propelled or towed vehicles that are designed or adapted exclusively for agricultural operations are now exempted from weight and load limits on all state roads and highways.